SYNOPSIS:

The Public Prosecutor, by virtue of being the gatekeeper of the criminal justice system, plays a vital role in maintaining law and order, a prerequisite for the rule of law. However, qui custodiet ipsos custodies? The Public Prosecutor wields considerable discretionary powers over all aspects of criminal prosecution, from directing some aspects of investigations to making decisions on initiating, conducting and disposing prosecutions as well as assisting the court with sentencing. This paper explores two questions. To what extent can / should the Public Prosecutor be independent of the Government? To what extent can / should a discretionary power be accommodated within a rule of law framework? FULL DETAILS